Patna High CourtCR. MISC./65542/2023bail granted

Nagendra Singh v. The State Of Bihar

2023-11-07Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65542 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Nagendra Singh son of Late Anirudh Singh Village- Usti Mirzapur Psbaniyapur Dist- Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar Singh Adv.

For the Opposite Party/s :

Ms.Meena Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Maharajganj P.S. Case No. 45 of 2023 dated 13.02.2023, instituted for the offence punishable under Sections 30(a), 36,41(i) and 38 of the Bihar Prohibition and Excise Act, 2016.

3. There is recovery of 71.550 litres of IMFL from a motor cart (Jugar Gadi). It is alleged that one person was apprehended at the spot along with the said motor cart ( Jugar Gadi). On interrogation, the apprehended person disclosed that the said liquor is of Nagendra Singh and gave the number of mobile phone who has booked the liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.65542 of 2023(2) dt.07-11-2023 2/2 case. It is further submitted that only on the basis of disclosure made by the apprehended persons, the petitioner has been made accused in this false case. Petitioner has no concern with the said seized liquor. The petitioner has no criminal antecedent, as per statement made in para 3 of the petition.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, Siwan, in connection with Maharajganj P.S. Case No. 45 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) shyambihari/- U T